In order to support the families who are navigating the changing policies around paid family caregivers, the Governor’s Administration and DMAS worked with CMS to take the extraordinary step of extending the implementation date of some of the new LRI policies pending any potential General Assembly action.
As you know, Virginia’s Medicaid program is in the process of implementing a permanent policy to enable parents of children receiving personal care services to be paid as their caregiver. The General Assembly is currently proposing several changes to these policies. Due to the uncertainty and the challenges it would cause families to have one set of rules implemented and then have those changed, CMS indicated that they would consider a request for an extension. However, because DMAS needs both federal and state authority for this extension, DMAS can only extend the implementation date of provisions that will not result in increased spending. This is because DMAS does not have budgetary authority to unilaterally increase spending. As a result, the provisions establishing a 40 hour limit on paid personal care and prohibiting respite services will still go into effect on March 1, 2024. DMAS will make any necessary modifications consistent with what is adopted by the General Assembly.
Updated Implementation Timeline:
- March 1, 2024 – any parent currently being paid as an LRI can continue, with two new policies in place:
- Family caregivers can be paid for up to 40 hours of personal care each week (a non-family caregiver can provide the remaining hours authorized by the plan of care).
- Families with a paid family caregiver are not eligible for respite services, which is defined as a service for unpaid caregivers.
- Summer/fall 2024 – additional policies scheduled to go in place, subject to General Assembly action.
Individuals with additional questions can find information on the DMAS website [dmas.virginia.gov], or email the dedicated inbox set up to help families navigate this issue at CDLRI@dmas.virginia.gov.
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